DEFINTION OF TEST IDENTIFICATION PARADE
It is a procedure used to identify the accused in criminal cases before the court. The witness’s participation in the test identification parade is crucial since it is the witness’s obligation to identify the accused during the parade.
The purpose of this procedure is to see if the witness can recognise the accused among a group of people. This will demonstrate the witness’s honesty in identifying an unknown individual in the context of the crime.This method is frequently used by law enforcement to establish the witness’s credibility, and it is most commonly employed in situations when the witness has never seen the accused other than at the crime scene.
LAWS GOVERNED BY THE TEST IDENTIFICATION PARADE
The method and validity of the Test Identification Parade are addressed under Section 9 of the Indian Evidence Act, 1872, and Section 54A of the Code of Criminal Procedure, 1973.The test of identification of proper accused and possessions is admissible and significant facts in a court of law under Section 9 of the Evidence Act, although the accused is not required to appear for the Test Identification Parade by the investigating officer.
Section 54A of the Code of Criminal Procedure, 1973, addresses the issue of Section 9 of the Evidence Act. When the identification of an accused by a witness is deemed necessary for the investigation of the offence for which the accused is arrested, the Court, having jurisdiction, may, on the request of the officer in charge of a police station, order the accused to submit himself to identification by witness or witnesses in such manner as the Court may deem fit.
PROCEDURE TO FOLLOW
- When a witness notifies the Officer in Charge that he or she can identify the accused or other people involved in the crime, the officer in charge will set up a Test Identification Parade.
- To establish a nearly identical atmosphere to that in which the witness saw the accused, the Officer In-Charge should ask the witness the following questions and record the answers in the case notebook.
- The officer in command, as well as any other police officer, should be barred from the actual Test Identification Parade.
- The Test Identification Parade will be started by the court Magistrate.
- If a Judicial Magistrate is not available, two or more reputable members of society should be substituted. However, the officer in charge must ensure that these individuals have no ties to the accused or any witnesses.
- Following the arrest of the accused, an identification parade should be held as soon as possible.
- If there are several defendants in a case but only one or a few have been arrested, an identification parade for the apprehended defendants must be held. The parade should not be postponed. In addition, since the remaining defendants have been apprehended, an identification parade should be organised for them as well.
- Notify the accused that he or she will be subjected to the Identification Parade.
- Witnesses or witnesses should be kept hidden from the accused’s view. Also, make sure that anyone watching the procession or standing near it has no way of communicating or sending messages.
- The accused should be mixed in with the many look alikes at a ratio of 1:5 or 1:10, and they should all form a line.